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(영문) 서울중앙지방법원 2015.03.31 2014나44009
도로이용권리 확인의 소
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. (1) The Plaintiffs are those who have completed the registration of co-ownership or the registration of transfer of ownership with respect to the divided forest, as shown in the attached Form 2, from the G 126,248 square meters of forest land (hereinafter “forest land before division”).

(2) As to the instant forest that was divided from the forest before the division, Defendant B and C are co-owned shares of 280/11892; and Defendant A are co-owned shares of 1132/11892.

B. On January 30, 2002, the transfer of the right to the forest of this case (1) E, etc. (hereinafter “E”) purchased forest land before subdivision from NN (However, the forest land of this case was sold in lots without obtaining the transfer registration) and divided as shown in attached Form 2 in order to develop it into a housing site, and the forest land of this case was planned to be used as the passage.

The sales contract in which E prepared a part of forest land before the division has been stated that the buyer will secure the road and transfer his share in the road.

(2) The forest land of this case was registered for the co-owned share transfer in proportion to the sale area to the purchaser of the forest land before the partition, and on June 14, 2004, the ownership transfer registration based on the partition of co-owned property was completed in the future E representative director F.

Defendant B and C are the persons who purchased forest land before division, and on October 19, 2005, they received the decision of provisional disposition prohibiting the disposal of the forest land of this case against F on October 19, 2005 (U.S. District Court 2005Kadan16157), and the registration of provisional disposition was completed on October 21, 2005.

Defendant A purchased the forest land of this case in the procedure of compulsory auction on July 5, 2007 and has the same year.

8.2. Completion of the registration of ownership transfer.

(3) Defendant B and C have won the lawsuit against F (U.S. District Court Decision 2006Gadan85880) within the main text of the claim for ownership transfer registration, and they have completed the registration of transfer on October 10, 207 as to their respective shares of forest land of this case on October 10, 2007.

Defendant A’s forest land of this case.

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